by HWC Partner Michael Eldridge It is not uncommon for individuals and companies to face situations in which they are unsure of the potential legal ramifications that follow certain future actions or decisions. This is especially true in the context of contractual relationships. Alabama courts have long recognized a party’s…
by HWC Partner Carter Clay To establish the existence of a safer design, a plaintiff, typically through an expert must provide substantial evidence to show (1) that the injuries caused by the product would have been less severe or eliminated by the use of an alternative design and (2) that…
by HWC Managing Partner Josh Wright Managing Partner Josh Wright has developed a specialty over the last 25 years in the litigation of toxicology admissibility. Long a regionally-recognized drunk driving victim’s lawyer, the issue of biologic sample admissibility has developed in the law, and Josh has been on the forefront…
by HWC Managing Partner Josh Wright Post-COVID verdict averages in personal injury claims are up close to 50% from that of pre-COVID verdicts, according to recent statistics.¹ Verdicts in 2022 alone for Alabama injury victims have topped $97,000,000 in cases involving a wide array of wrongful conduct, including contract disputes,…
by HWC Partner Carter Clay Prior to any trial, the attorneys will assess the need to file motions in limine to try to keep out damaging or prejudicial testimony and evidence. Typically, the court will hold a hearing on these motions before commencing the trial and will issue rulings on…
by HWC Partner Carter Clay Any attorney representing injured and wrongful death victims in complex litigation matters has likely encountered a Rule 26 expert disclosure in which the corporate defendant discloses an in-house employee to give expert opinions related to the case. Perhaps, the corporate defendant disclosed an in-house engineer,…
by HWC Partner Michael Eldridge Over the past two decades, the cell phone has evolved into a vital extension of our daily lives. The smartphone is now how we respond to emails, listen to music, surf the Internet, take photographs, buy groceries, make dinner reservations, and much, much more. All…
by Allwin E. Horn, IV, head of HWC Workers’ Compensation Department In a recent year, the United States witnessed some 36,500 non-fatal workplace injuries and 5,200 fatal workplace incidents, according to the US Bureau of Labor and Statistics. Of the fatal incidents, 89 were in Alabama. While it is true…
by HWCV Partner Carter Clay Although online purchasing is becoming more and more common, products are still routinely purchased from a store or retail shop. If a defective product is purchased from the retailer and injures or kills someone, is the retailer liable? Can the retailer be sued in Alabama?…
by HWC Partner Carter Clay Any attorney who represents clients in cases that require experts will more than likely come across discovery issues involving those experts. Who is considered an expert and whether or not his or her identity must be disclosed? Specifically, what about consulting experts that will not…